Quantum Windbag
Gold Member
- May 9, 2010
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- #121
Sorry, QW, I'm pointing out that the basis for discriminatory actions is different between California then it is in other states in that the California Supreme Court extended the Unruh Act to include all forms of discriminatory conduct not necessarily related to those characteristics specifically states.
All well and good, but we are not talking about California, or even federal law, we are talking about New Mexico.
The difference is that discrimination occurred, not the location.
Only if we are talking about New Mexico. California law only applies to where the business usually supplies there service. In the case of something like photography the business is free to refuse to not leave its premises even if it involves discrimination.
http://www.dfeh.ca.gov/res/docs/publications/DFEH-250.pdf
As a matter of fact, both the Unruh Act (CA) and the NM Civil Rights act specify that the act covers "services". As we all know services can be rendered either at the establishment of the business or in another location.
Not saying that's the way it should be, just saying that is reality under the laws of those States. Since you site the NM case in the OP, there is nothing in the NM law or in court decisions that have been presented by the NM Supreme Court that don't allow a black photographer to turn down a job for the KKK. If you think there is, then feel free to link to the NM Supreme Court case that supports your position.Plumbers frequently work in the home of the client, it would be a violation of CA law and NM law for Plumbers to refuse to provide their services to blacks.
Residential painters frequently work in the home of the client, it would be a violation of CA law and NM law for painters to refuse to provide their services to females.
Cable repair persons frequently work in the home of the client, it would be a violation of CA law and NM law for technicians to refuse to provide their services to Jews.
Contractors remodeling work is done in the home of the client, it would be a violation of CA law and NM law for a contractor to refuse to provide their services to based on age for old people.
Caterers, in the vast majority of cases, provide food preparation and/or delivery and setup of meals for the client either in the home, business, or other rented space, it would be a violation of CA law and NM law for a caterer to refuse to provide their services to based on sexual orientation.
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I never said that it didn't cover services, I said that California law only applies to premises of the business, not to services a business supplies outside their normal business premises. I even supplied you with a link that explains that.
What, exactly, do you have to back up your position?